I would suggest to you that since it was the Father who "created" the distance by moving out of state, that he should bear the burden of the transportation costs.
As for visitation, I would suggest to you that you structure the visitation around the school calendar that the child will attend. At 3 years old, the child may not be in school but will be soon. So, given that the child will be going to school in a year or two, then typically the parent's would want to "optimize" the visitation for the school breaks. So, for example, the Father might get visitation over summer break (2 months or so), Christmas break for 10 days or so, and the week of Spring Break.
Are there any past cases to support this? Do you know of any in Texas?
Additional visitation could be had if the Father were to come to Texas for a long weekend here or there. For example, Labor Day weekend or Memorial Day and weekends like that.
Generally, the Texas statutes govern when the custodial parent moves with the child.
Thank you. I guess I really needed a Texas response. However, I will take your response into consideration.
My suggestion for the burden of travel expenses is due to the fact that the Father is the one who is responsible for the move. Why would the Mother be "punished" for something the Father is creating.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).